Houston Marijuana Defense Lawyer
Despite evolving laws nationwide, marijuana charges in Texas are still serious. Sara Roque defends marijuana cases aggressively — from simple possession to trafficking.
Simple possession
Even small amounts can mean Class B misdemeanor charges in Texas. Sara explores all defenses including illegal search and diversion programs.
Possession with intent
Quantity, packaging, or scales can change possession charges to distribution. Sara challenges how the evidence is classified.
Possession in a vehicle
Traffic stops leading to marijuana charges often involve questionable search tactics. Sara scrutinizes the legality of every search.
Cultivation
Growing marijuana — even small amounts — is a serious felony in Texas. Sara defends cultivation cases from evidence challenges to sentencing mitigation.
Delivery / distribution
Any transfer — even sharing — can trigger delivery charges. Sara challenges quantity assessments and intent evidence.
Hash and concentrates
THC concentrates (wax, shatter, edibles) are treated as Penalty Group 2 — MORE severely than marijuana flower. Sara ensures proper classification.
TEXAS MARIJUANA LAW
Texas Takes Marijuana More Seriously Than Most States
Under 2 oz
Class B misdemeanor — up to 180 days in jail and $2,000 fine. Most people’s first exposure to the criminal justice system.
2 oz to 4 oz
Class A misdemeanor — up to 1 year in jail and $4,000 fine. Sara pursues diversion to keep this off your record.
Over 4 oz
State jail felony and above — increasingly serious penalties up to life imprisonment for extremely large quantities.
DEFENSE STRATEGIES
How Sara Fights Marijuana Charges
- 1
Challenge the search
Most marijuana charges stem from traffic stops. Sara scrutinizes every aspect of the stop — was it legal? Did police have probable cause to search? Was consent truly voluntary?
- 2
Challenge ownership
Being near marijuana doesn’t mean you possessed it. Sara fights constructive possession arguments where the drugs weren’t in your direct control.
- 3
Diversion programs
Harris County has diversion programs for first-time, low-level marijuana offenders. Successful completion = case dismissed. Sara evaluates your eligibility immediately.
- 4
Deferred adjudication
Completing community supervision without a finding of guilt can lead to eventual non-disclosure. Sara pursues this for eligible clients.
No attorney fees until we win. If we don’t win, you pay nothing.
Frequently Asked Questions
No. Texas has not legalized recreational marijuana. Medical use is extremely limited (CBD oil for specific conditions). Possession of any amount is a criminal offense.
Yes. Harris County has a cite-and-release policy for small amounts and diversion programs for first-time offenders. Sara maximizes your chances of dismissal.
Harris County’s First Chance Intervention Program (FCIP) allows first-time offenders charged with small amounts (under 4 oz) to avoid prosecution by completing a short course. Sara enrolls eligible clients immediately.
A felony marijuana conviction will permanently prohibit you from possessing firearms under federal law. Even some misdemeanor marijuana convictions can affect gun rights. Sara fights to avoid convictions that trigger firearms restrictions.
If charges are dismissed (through diversion or otherwise), expunction is typically available. Sara plans your case from the start with expunction eligibility in mind.
CBD with less than 0.3% THC is legal in Texas. However, police can’t tell the difference without testing. If you were charged based on CBD, Sara fights the charge with lab evidence.
Absolutely. Any drug conviction — even marijuana possession — can have serious immigration consequences including deportation and bars to citizenship. Sara coordinates with immigration counsel for non-citizen clients.
Texas courts deal with Texas offenses. However, prior marijuana convictions from other states can affect Texas sentencing as “prior convictions.” Sara evaluates all prior history in building your defense strategy.
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